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Section 3 Renewal Process — MRCPsych Paper B MCQ

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ModerateMental Health LawSection 3 Renewal ProcessMRCPsych Paper B

A 50-year-old man in England with schizophrenia is detained under section 3 of the Mental Health Act 1983. His current authority for detention expires in 2 weeks. The responsible clinician considers that the statutory criteria for continued detention remain met. Which action is required to renew the authority for detention?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: BExamine him within the final 2 months, consult a professional concerned with his treatment, obtain written agreement from a second professional from a different profession, and furnish Form H5 to the hospital managers

Explanation lettering: E = shown as C · C = shown as E

B is correct. For an England section 20 renewal, the responsible clinician must examine the patient during the final 2 months of the current detention period and decide that the relevant detention criteria remain satisfied. The RC must consult someone professionally concerned with the patient’s treatment and obtain written agreement from a second professional who is from a different profession and is professionally concerned with the patient’s medical treatment. The renewal report is furnished to the hospital managers on Form H5. A fresh section 3 application is not required, and detention does not renew automatically. Hospital managers receive the statutory report but do not replace the RC’s clinical decision-making role. The nearest relative has no role in applying for renewal. The first section 3 renewal is for 6 months; later renewals are for 12 months.

Reference: Department of Health and Social Care, Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008, Form H5 (section 20: renewal of authority for detention), 2008. https://www.legislation.gov.uk/uksi/2008/1184/pdfs/uksi_20081184_en.pdf